Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 19 contracts
Samples: Indenture (Insight Health Services Corp), Indenture (Sonic Automotive Inc), Exhibit 4 (Converse Inc)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Debt of a Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt of such Subsidiary Guarantor, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 14 contracts
Samples: Rearden Minerals, LLC, Indenture (Whiting Petroleum Corp), Indenture (Whiting Petroleum Corp)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XIII with respect to any Senior Indebtedness and Subordinated Debt which may at any time be held by it, to the same extent as any other holder of Senior Indebtednessand Subordinated Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 7 contracts
Samples: First Bank System Inc, Downey Financial Capital Trust I, GBB Capital I
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 11 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07 hereof.
Appears in 7 contracts
Samples: Indenture (United Industries Corp), Indenture (MWC Acquisition Sub Inc), Supplemental Indenture (Muzak Finance Corp)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Thirteen with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6075.5.
Appears in 6 contracts
Samples: Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont (Newmont Usa LTD), Newmont Mining Corp /De/
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 5 contracts
Samples: Indenture (Pathology Building Partnership), Phillips Van Heusen Corp /De/, Phillips Van Heusen Corp /De/
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Eleven with respect to any Issuer Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Issuer Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.5.5. ARTICLE TWELVE
Appears in 3 contracts
Samples: Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont (Newmont Usa LTD), Newmont Mining Corp
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Guarantor Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Guarantor Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 2 contracts
Samples: Fca of Ohio Inc, Jo-Ann Stores Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Guarantor Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Guarantor Indebtedness, and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607the provisions in the Indenture regarding compensation and indemnification of the Trustee.
Appears in 2 contracts
Samples: Supplemental Indenture (Raci Holding Inc), Supplemental Indenture (Raci Holding Inc)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XI with respect to any Senior Indebtedness Debt of the Company which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt of the Company, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XI shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6078.07.
Appears in 2 contracts
Samples: Goss Graphic Systems Inc, Goss Holdings Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606.
Appears in 2 contracts
Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Supplemental Indenture shall deprive the Trustee of any of its rights as such holderholder of Guarantor Senior Indebtedness. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07 of the Indenture.
Appears in 2 contracts
Samples: Indenture (Multicare Companies Inc), Genesis Eldercare Acquisition Corp
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.7.
Appears in 2 contracts
Samples: Indenture (Interim Services Inc), Amerisource Health Corp/De
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Sixteen with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Sixteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606.
Appears in 2 contracts
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 2 contracts
Samples: Indenture (Marsh Village Pantries Inc), Lower Road Associates LLC
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Ten with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten shall apply to claims of, or payments to, the Trustee under or for its compensation owing pursuant to and in accordance with, the first sentence of Section 6077.07 hereof.
Appears in 2 contracts
Samples: Indenture (Oglebay Norton Co /New/), Fairfield Manufacturing Co Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Ten with respect to any Guarantor Senior Indebtedness which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.08.
Appears in 2 contracts
Samples: Indenture (Mettler Toledo Holding Inc), Mettler Toledo Holding Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Eighteen with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by it, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Eighteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606.
Appears in 2 contracts
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Eleven with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6075.5.
Appears in 2 contracts
Samples: Stolt Offshore S A, Stolt Offshore S A
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any of the Guarantor's Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of the Guarantor's Senior Indebtedness, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6075.08.
Appears in 1 contract
Samples: Indenture (Abn Amro Bank Nv)
Preservation of Trustee's Rights. The Trustee or any Authenticating Agent in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Company Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Company Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee or any Authenticating Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6079.06.
Appears in 1 contract
Samples: Kingsway Financial Services Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Thirteen with respect to any Guarantor Senior Indebtedness Debt which may at any time be held by itthe Trustee, to the same extent as any the other holder of such Guarantor Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 1 contract
Samples: Indenture (Foster Wheeler LTD)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Parent Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Parent Senior IndebtednessDebt, and nothing in this First Supplemental Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.7 of the Indenture.
Appears in 1 contract
Samples: Supplemental Indenture (Millennium Pharmaceuticals Inc)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee theTrustee under or pursuant to Section 607.
Appears in 1 contract
Samples: Indenture (Philip Services Corp/De)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.7.
Appears in 1 contract
Samples: Royal Gold Inc /De/
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Fifteen with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by it, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. "Nothing in this Article Fifteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.6.
Appears in 1 contract
Samples: Kb Home
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of the Company, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.07.
Appears in 1 contract
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Eighteen with respect to any Senior Guarantor Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Guarantor Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Eighteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606.
Appears in 1 contract
Samples: Thermo Electron Corp
Preservation of Trustee's Rights. The Subject to the terms of this Article, the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply subordinate to Senior Indebtedness the claims of, or payments to, the Trustee under or pursuant to Section 607606.
Appears in 1 contract
Samples: Amc Entertainment Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606.
Appears in 1 contract
Samples: WSTR Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 10 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.08.
Appears in 1 contract
Samples: Rose Hills Co
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 11 with respect to any Indebtedness under the Senior Indebtedness Credit Facility which may at any time be held by it, to the same extent as any other holder of Indebtedness under the Senior IndebtednessCredit Facility, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07 hereof.
Appears in 1 contract
Samples: Supplemental Indenture (Muzak Holdings Finance Corp)
Preservation of Trustee's Rights. The Trustee in its individual ---------------------------------------------- capacity shall be entitled to all the rights set forth in this Article Thirteen with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6075.5.
Appears in 1 contract
Samples: Newmont Gold Co
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness Indebtedness, which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.06 hereof.
Appears in 1 contract
Samples: Snyder Oil Corp
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Ten B with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten B 113 -105- shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07.
Appears in 1 contract
Samples: Amcast Radio Sales Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness and Senior Subordinated Debt of the Issuer which may at any time be held by it, to the same extent as any other holder of Senior Indebtednessand Senior Subordinated Debt of the Issuer, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.06.
Appears in 1 contract
Preservation of Trustee's Rights. The Trustee in ----------------------------------------------------- its individual capacity shall be entitled to all the rights set forth in this Article Ten with respect to any Guarantor Senior Indebtedness which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.7.08. Section 10.15
Appears in 1 contract
Samples: Indenture (Telegroup Inc)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Fourteen with respect to any Senior Indebtedness which may at any time be held by it or any General Obligations which may be owed to it, to the same extent as any other holder of Senior IndebtednessIndebtedness or creditor in respect of General Obligations, and and, subject to the provisions of the Trust Indenture Act, nothing in this Indenture shall deprive the Trustee of any of its rights as such holderholder or creditor. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607SECTION 14.12.
Appears in 1 contract
Samples: First Chicago NBD Capital Iv
Preservation of Trustee's Rights. The Trustee for the Securities of each series in its individual capacity shall be entitled to all the rights set forth in this Article Fourteen with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the such Trustee of any of its rights as such holder. Nothing in this Article Fourteen shall apply to claims of, or payments to, the such Trustee under or pursuant to Section 607.
Appears in 1 contract
Samples: Ingersoll Rand Co LTD
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XI with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XI shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.08.
Appears in 1 contract
Samples: Indenture (Lamar Advertising Co)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall -------------------------------- be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07.
Appears in 1 contract
Samples: Indenture (Times Mirror Co /New/)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07.
Appears in 1 contract
Samples: Registration Rights Agreement (Global Telesystems Group Inc)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Debt of any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of any Senior IndebtednessDebt of such Subsidiary Guarantor, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 1 contract
Samples: Iridium Facilities Corp
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article X with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.7 hereof.
Appears in 1 contract
Samples: Indenture (Lamar Advertising Co)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which and Subordinated Debt that may at any time be held by it, to the same extent as any other holder of Senior Indebtednessand Subordinated Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 1 contract
Samples: Success Bancshares Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 1 contract
Samples: Chubb Capital Trust Iii
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Fourteen with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 1 contract
Samples: Oxy Capital Trust Iii
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Eleven with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Eleven shall apply to claims of, or payments to, the Trustee under or for its compensation owing pursuant to and in accordance with, the first sentence of Section 6077.07 hereof.
Appears in 1 contract
Samples: Indenture (Oglebay Norton Co /New/)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Twelve with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Twelve shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.08.
Appears in 1 contract
Samples: Interface Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 11 with 100 -93- respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07 hereof.
Appears in 1 contract
Samples: Indenture (Outdoor Systems Inc)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall -------------------------------- be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.06.
Appears in 1 contract
Preservation of Trustee's Rights. The Subject to the terms of this Article, the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of the Company, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 1 contract
Samples: Registration Rights Agreement (Rogers Wireless Inc)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.07.
Appears in 1 contract
Samples: American Residential Services Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Debt of the Company which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt of the Company, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 1 contract
Samples: South Financial Group Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness of any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of such Subsidiary Guarantor, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 1 contract
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness of any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of such Subsidiary Guarantor, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 1 contract
Samples: Key3media Events Inc
Preservation of Trustee's Rights. The Trustee in its ---------------------------------------------- individual capacity shall be entitled to all the rights set forth in this Article Eleven with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Eleven shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.7.08. Section 11.12
Appears in 1 contract
Samples: Indenture (Telegroup Inc)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of the Company, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 1 contract
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.. 103
Appears in 1 contract
Samples: Starwood Lodging Corp
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XIV with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XIV shall apply to claims of, or payments to, the Trustee or its agent or counsel under or pursuant to Section 6076.7.
Appears in 1 contract
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Fourteen with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.07.
Appears in 1 contract
Samples: Blue Bird Corp
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607607 hereof.
Appears in 1 contract
Samples: St Paul Capital Trust Ii
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Indebtedness, which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607607 hereof.
Appears in 1 contract
Samples: Indenture (Snyder Oil Corp)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 with respect to any Senior senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing Notwithstanding anything to the contrary in this Indenture, nothing in this Article 15 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 60714.01.
Appears in 1 contract
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XVIII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XVIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.07.
Appears in 1 contract
Samples: Roper Industries Inc /De/
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 7 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 7 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6078.07 hereof.
Appears in 1 contract
Samples: Indenture (Sandhills Inc)
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 10 with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07 hereof.
Appears in 1 contract
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Guarantee of any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of any Senior IndebtednessGuarantee of such Subsidiary Guarantor, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.
Appears in 1 contract
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 10 with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.7 hereof.
Appears in 1 contract
Samples: Pierce Leahy Corp
Preservation of Trustee's Rights. The Trustee or any Authenticating Agent in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Guarantor Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Guarantor Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee or any Authenticating Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6079.06.
Appears in 1 contract
Samples: Kingsway Financial Services Inc
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606 of the Indenture.
Appears in 1 contract
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Ten B with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten B shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07.
Appears in 1 contract
Preservation of Trustee's Rights. The Trustee or any Authenticating Agent in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Guarantor Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Guarantor Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee or any Authenticating Agent of any of its rights as such holder. Nothing in this Article XV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6079.06.
Appears in 1 contract
Samples: Kingsway Financial Services Inc
Preservation of Trustee's Rights. The Trustee in its individual ---------------------------------------------- capacity shall be entitled to all the rights set forth in this Article Eleven with respect to any Issuer Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Issuer Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6075.5.
Appears in 1 contract
Samples: Newmont Gold Co
Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Fourteen with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.07.
Appears in 1 contract
Samples: Freedom Chemical Co